Wheaton Small Estate Affidavit Attorney

Lawyer Helping Transfer Assets to Beneficiaries Outside of Probate in Wheaton, IL

After the death of a loved one, the last thing a family needs is to spend months dealing with complex legal issues related to the person's estate. Fortunately, Illinois law provides options that may allow families to transfer a deceased person's assets to their beneficiaries without going through the time-consuming and costly probate process. One of the most useful of these options is the small estate affidavit.

At The McCormick Law Firm, LLC, our estate planning attorney helps families in Wheaton, DuPage County, and other parts of Northern Illinois determine the best options for transferring assets efficiently while avoiding potential problems. We can provide guidance on whether a family may qualify for a small estate affidavit and how living trusts and other planning tools may serve their needs.

What Is Probate, and Why Do Many Families Want to Avoid it?

When a person dies, issues related to their estate will be addressed during the probate process. The executor of their estate will gather their assets, pay debts and taxes, and distribute property to their beneficiaries based on instructions left in their will.

While probate serves an important function, it may take anywhere from several months to well over a year to complete, depending on the complexity of the estate and whether any disputes arise. Court filings, attorney fees, and other costs can reduce the value of the estate. Probate proceedings are part of the public record, so anyone will be able to access information about the estate.

For families who are dealing with the loss of a loved one, these added burdens can be significant. Fortunately, there may be methods that can be used to bypass probate entirely, including by filing a small estate affidavit.

What Is a Small Estate Affidavit?

Some estates may be addressed by filing a small estate affidavit, which will allow the executor of the estate to distribute the estate's assets without opening a formal probate case. To use a small estate affidavit in Illinois, several conditions must be met:

• Estate Value: The total value of the deceased person's assets must fall below a certain threshold.
• Real Estate: Real estate property cannot be transferred through a small estate affidavit. If a person owned real estate in their name, regardless of its value, their estate will not qualify for a small estate affidavit.
• No Pending Probate Case: A probate case must not have been opened or be pending for the estate.
• No Outstanding Debts or Disputes: An affidavit may only be filed if there are no unpaid claims against the estate and there are no disputes related to the person's will.

A valid affidavit that is presented along with a copy of the will and death certificate will require the holder of an asset to release the property to the claimant. With a small estate affidavit, family members may access a person's bank accounts, collect wages or benefits, and transfer certain types of personal property.

Recent Changes to Illinois Law and the Small Estate Affidavit Threshold

One of the most significant factors affecting whether a family can use a small estate affidavit is the value of the estate. For many years, the threshold under Illinois law was set at a level that excluded a significant number of estates. Prior to 2025, small estate affidavits could only be used if a person's assets were worth less than $100,000, including any vehicles they owned.

A new law that went into effect on August 15, 2025 increased the threshold to $150,000, and vehicles are no longer included in that total. This may allow more people to use small estate affidavits to transfer assets without opening full probate cases.

Using Living Trusts and Other Trusts to Avoid Probate

In cases where the value of a person's estate exceeds the threshold for a small estate affidavit, certain steps can be taken to help avoid probate. Living trusts are some of the most powerful and flexible tools for doing so. With a revocable living trust, a person will transfer ownership of their assets to a trust. Since the trust will own the assets rather than the assets being owned in their name, this may allow their remaining assets to qualify for a small estate affidavit.

Assets that are held in a trust can be distributed to beneficiaries without the need to go through the probate process. This can be especially beneficial when transferring real estate property, since it can eliminate the complex issues involved in the probate process and make sure transfers can be completed more quickly and efficiently. Trusts also allow for a greater degree of privacy, because the details of the trust and the property that a person owned will not be made public.

Contact Our Wheaton, Illinois Small Estate Affidavit Lawyer

Whether you need help using a small estate affidavit for a loved one who has recently passed away, or you are interested in setting up a living trust to ensure that your property can be easily distributed to your beneficiaries, The McCormick Law Firm, LLC is here to assist you. Our estate planning lawyer will provide you with practical legal guidance, helping you prepare for the future and protect your loved ones. Contact our Wheaton estate planning and probate attorney at 630-517-8570 to schedule a free consultation.